Clezidor v. V Rolanso Lexune

6 Citing cases

  1. Kerry D. v. Deena D.

    2024 N.Y. Slip Op. 4138 (N.Y. App. Div. 2024)

    Further, both parties offered testimony at the hearing indicating that Kerry D. made consistent efforts over the years to spend time with the child and to be involved in her life in one form or another, even in the face of resistance. Relatedly, the Family Court concluded that the child's wishes appeared as though they were influenced, at least to some degree, by Deena D., and the court's finding in that regard was supported by the record (see Matter of Brown v Simon, 195 A.D.3d at 820-821; Matter of Clezidor v Lexune, 192 A.D.3d 792, 794).

  2. In re Madelyn E. P. (Anonymous)

    No. 2019-14347 (N.Y. App. Div. Jul. 7, 2021)

    Further, the court's determination that an award of permanent guardianship to the petitioner would be in the child's best interests is supported by a sound and substantial basis in the record. However, "[a] court may not delegate its authority to determine parental access to either a parent or a child" (Matter of Mondschein v Mondschein, 175 A.D.3d 686, 687; see Clezidor v Lexune, 192 A.D.3d 792, 794). In this case, the Family Court improperly delegated the determination of the father's parental access to the petitioner.

  3. Christine L.-B. v. Kevin O. (In re Madelyn E.P.)

    196 A.D.3d 489 (N.Y. App. Div. 2021)   Cited 5 times

    Further, the court's determination that an award of permanent guardianship to the petitioner would be in the child's best interests is supported by a sound and substantial basis in the record. However, "[a] court may not delegate its authority to determine parental access to either a parent or a child" ( Matter ofMondschein v. Mondschein, 175 A.D.3d 686, 687, 108 N.Y.S.3d 461 ; seeClezidor v. Lexune, 192 A.D.3d 792, 794, 143 N.Y.S.3d 415 ). In this case, the Family Court improperly delegated the determination of the father's parental access to the petitioner.

  4. In re Madelyn E. P. (Anonymous)

    No. 2021-04228 (N.Y. App. Div. Jul. 7, 2021)

    Further, the court's determination that an award of permanent guardianship to the petitioner would be in the child's best interests is supported by a sound and substantial basis in the record. However, "[a] court may not delegate its authority to determine parental access to either a parent or a child" (Matter of Mondschein v Mondschein, 175 A.D.3d 686, 687; see Clezidor v Lexune, 192 A.D.3d 792, 794). In this case, the Family Court improperly delegated the determination of the father's parental access to the petitioner.

  5. In re Madelyn E. P. (Anonymous)

    2021 N.Y. Slip Op. 4228 (N.Y. Sup. Ct. 2021)

    Further, the court's determination that an award of permanent guardianship to the petitioner would be in the child's best interests is supported by a sound and substantial basis in the record. However, "[a] court may not delegate its authority to determine parental access to either a parent or a child" (Matter of Mondschein v Mondschein, 175 A.D.3d 686, 687; see Clezidor v Lexune, 192 A.D.3d 792, 794). In this case, the Family Court improperly delegated the determination of the father's parental access to the petitioner.

  6. In re Madelyn E. P. (Anonymous)

    2021 N.Y. Slip Op. 4228 (N.Y. Sup. Ct. 2021)

    Further, the court's determination that an award of permanent guardianship to the petitioner would be in the child's best interests is supported by a sound and substantial basis in the record. However, "[a] court may not delegate its authority to determine parental access to either a parent or a child" (Matter of Mondschein v Mondschein, 175 A.D.3d 686, 687; see Clezidor v Lexune, 192 A.D.3d 792, 794). In this case, the Family Court improperly delegated the determination of the father's parental access to the petitioner.